A federal judge has dismissed the criminal case against TikTok creator Carlitos Ricardo Parias before it ever reached trial, ruling that prosecutors violated his constitutional rights while he was in federal custody.
U.S. District Judge Fernando M. Olguin threw out the indictment with prejudice, meaning the government cannot refile the charges.
Olguin found that federal authorities deprived Parias of meaningful access to legal counsel while he was detained by U.S. Immigration and Customs Enforcement (ICE).
Parias was detained at a facility located far from his attorneys, a decision the judge said effectively blocked adequate communication and trial preparation. Olguin concluded the government failed to take reasonable steps to ensure Parias could consult with his lawyers.
That violation, the judge wrote, cut against core constitutional protections.
The court also faulted prosecutors for missing discovery deadlines, including delays in turning over body camera footage and other key evidence.
Olguin said the late disclosures worsened the prejudice to the defense and left Parias at a disadvantage as his trial approached.
Taken together, the judge ruled that the lack of attorney access and discovery failures left dismissal as the only appropriate remedy.
The charges arose from an incident in October 2025, when ICE agents and other federal officers attempted to detain Parias, a popular TikTok streamer known for posting local breaking news.
Authorities alleged Parias rammed his vehicle into agents’ cars during the encounter. An ICE officer opened fire, wounding Parias. A ricocheting bullet also injured a deputy U.S. marshal.
Parias was later charged with assault on a federal officer and indicted in November 2025.
The Los Angeles Times provides additional details on Saturday’s decision, issued just days before Parias was scheduled to go to trial:
Tricia McLaughlin, a spokesperson for the Department of Homeland Security, previously told the Times that Parias had “weaponized his vehicle” and said “fearing for the safety of the public and law enforcement, our officers followed their training and fired defensive shots.” But newly obtained body worn camera footage raises questions about that claim.
The video captures an ICE officer holding a gun in one hand and using the other to break open the window of Parias’ car. As the officer shouts at Parias to turn off the car, Parias raises his hands in the air and asks why he is being detained. The officer repeatedly tries to open the passenger side door, before moving the gun to his left hand, right before firing.
At the time, Parias’ car did not appear to be moving.
“Oh,” the officer said, sounding surprised. “F—.”
After someone asked who had fired the weapon, the officer answered “I shot, I shot.”
While the criminal charges have been dismissed, Parias remains in ICE custody due to ongoing immigration proceedings.
Those proceedings are civil in nature and separate from the now-dismissed criminal case. The judge’s ruling does not affect the government’s authority to continue pursuing immigration enforcement actions.
READ NEXT: Meet The Young Journalist Who Took On Government Waste — And Won
